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2023-12-07 ZONING BOARD OF ADJUSTMENT REGULAR MEETING MINUTESMINUTES OF THE REGULAR MEETING OF THE ZONING BOARD OF ADJUSTMENT OF THE CITY OF PEARLAND, TEXAS HELD ON DECEMBER 7, 2023, AT 6:00 PM IN THE COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DR. CALL TO ORDER Chairperson Lewis opened the meeting for the Zoning Board of Adjustments Regular Meeting at 6:00 PM ZBA Chairperson Mark Lewis ZBA Vice Chairperson, Jerry Acosta ZBA Secretary, Gary Shrum ZBA Member, Todd Iocco ZBA Alternative Member, Christopher Tristan Also, present were Deputy City Attorney Lawrence Provins, City Engineer Rajendra Shrestha, Community Development Director Vance Wyly, Community Development Deputy Director Martin Griggs, Planner I Patrick Bauer, Planning Intern Logan Farris, Executive Assistant Jennifer Danley, and Administrative Assistant Shelby Lowe. NEW BUSINESS Chairperson Lewis read into the record the items on Consideration and Possible Action — VARZ 23-11: Fence Variance for a Residence in Single -Family Residential (R-1) Zoning District. CONSIDERATION AND POSSIBLE ACTION - VARZ 23-11: FENCE VARIANCE FOR A RESIDENCE IN SINGLE-FAMILY RESIDENTIAL-1 (R-1) ZONING DISTRICT Public Hearing: A request by Vidal Pineda, applicant, and owner, for approval of a variance as permitted by the Unified Development Code, Ordinance No. 2000-T, to allow a six-foot (6') high decorative fence within the front yard in lieu of the four -foot (4') permitted in the Single -Family Residenial-1 (R-1) District (Section 4.2.4.3(a)(2)(b)), to wit: Legal Description: Lot 1, Block 1, Minor Plat of L & E Estate, a subdivision of 1.000 acres of land in the City of Pearland, Texas, according to the map or plat recorded in County Clerk's File No. 2014041116 in the Plat records of Brazoria County, Texas. General Location: 3430 Keis Road, Pearland, TX. Planner I Bauer presented the staff report with exhibits. Planner I Bauer stated that the previous two fence variance requests on July 6, 2023, were both denied. The special exception meets 3 of the 8 criterions of the UDC for approval. Staff is unable to recommend approval for the special exception. Planner I Bauer stated that if the board does approve the variance staff suggests the following condition: 1. Prior to the issuance of the permit the plans shall be updated and reviewed by the City's Engineering Department to ensure that the proposed fencing does not cause a negative impact on the drainage of adjacent properties. Applicant, Vidal Pineda at 3430 Keis Road, Pearland, Texas 77584, was in attendance in -person in Council Chambers to present to the ZBA Board. Mr. Pineda stated that he was here two to three months ago for the previous two variances. He stated that he talked to his neighbors regarding the fence and asked the ZBA Board why the city needed 15 feet of his property. Mr. Pineda stated that his neighbors are here to speak on his behalf. Chairperson Lewis called for public input. Resident, Monica Teague at 4113 Wells Drive, Pearland, Texas 77584, Ms. Teague stated that she is Mr. Pineda's next -door neighbor, and the fence makes the neighborhood look better. She thinks there are no safety hazards with the fence because the residents use the circle drive. Ms. Teague stated that she has no issues with the fence, and it should be approved. Resident, Billy Griffin at 3317 Keis Road, Pearland, Texas 77584, Mr. Griffin stated that Mr. Pineda's home is the prettiest home in the neighborhood and the fence adds beauty. He stated that Mr. Pineda uses the circular drive to exit his property. Mr. Griffin asked the city staff if they are going to take 15 feet of Mr. Pineda's property. Mr. Griffin stated that he is not giving up his property. He is in favor of Mr. Pineda leaving the fence where it is. Secretary Shrum asked staff what changed since the previous variance in July. Planner I Bauer explained the changes to the fence and the applicant is coming back with the 15-foot setback. Secretary Shrum asked staff if the applicant must demolish the front fence. Planner I Bauer stated yes. Secretary Shrum and Deputy Director Griggs discussed that the fence setback and height are two separate issues. Member Lewis clarified with staff that the fence was built prior to application for a permit. Deputy Director Griggs stated that the current request is compliant with the UDC regulations. Planner I Bauer explained that the applicant would not be able to bring back the same request and that this is a different request. Secretary Shrum and Deputy City Attorney Provins discussed the applicants request and the desire to keep the fence where it is. Vice Chairperson Acosta stated that the ZBA Board cannot vote on the previous request from July. Chairperson Lewis clarified the request being presented before the board. No further discussion from Staff, ZBA Board or Public input. Chairperson Lewis read into the record the items on Consideration and Possible Action — VARZ 23-11: Fence Variance for a Residence in Single -Family Residential (R-1) Zoning District. Vice Chairperson Acosta made the motion to approve the variance request including the staff recommended condition, Member locco seconded the motion. Motion passed 5-0. Chairperson Lewis read into the record the items on Consideration and Possible Action — VARZ 23-16: Special Exception to Construct a Single -Family Dwelling on a Property with Existing Non - Conformities. CONSIDERATION AND POSSIBLE ACTION - VARZ 23-16: SPECIAL EXCEPTION TO CONSTRUCT A SINGLE-FAMILY DWELLING ON A PROPERTY WITH EXISTING NON - CONFORMITIES Public Hearing: A request by Kristofer Schoeffler, applicant, and owner, for approval of a special exception, as permitted by the Unified Development Code, Ordinance No. 2000-T, to allow for development to occur on a property with an existing nonconformity (Section 2.7.3.7(a)), to wit: Legal Description: Lot 1, Block 1, Development Plat of Segenhof, a subdivision of 9.990 acres of land in City of Pearland, Texas, according to the map or plat recorded in County Clerk's File No. 2021020018 in the Plat records of Brazoria County, Texas. General Location: 2126 Roy Road, Pearland, TX. Planner I Bauer presented the staff report with exhibits. Planner I Bauer stated the special exception is to construct a new single-family dwelling on a property with existing nonconformities. Planner I Bauer stated that the special exception conforms to all criteria of the UDC for approval and staff recommends approval for the special exception. Applicant and landowner, Kristofer Schoeffler at 2126 Roy Road, Pearland, Texas 77581, was in attendance in -person in Council Chambers to present to the ZBA Board. Mr. Schoeffler grew up on the property and is working with staff on the project. He donated right of way (ROW) on Roy Road to City of Pearland and Brazoria County Drainage District #4 (BDD4). Mr. Schoeffler stated that he already has permission to develop with BDD4. He stated that the development regulations didn't exist when residence was built in 1997. Mr. Schoeffler spoke with his neighbors regarding his plans for the property and they are in favor. Chairperson Lewis called for public input. Resident, Andres Garza at 2049 Roy Road, Pearland, Texas 77581. Mr. Garza stated that he supports these improvements in the neighborhood and is in favor of the special exception. Secretary Shrum asked if there were any other applications for a variance with a 100-foot set back. Deputy Director Griggs stated not for this property and the permit must follow zoning regulations. No further discussion from Staff, ZBA Board or Public input. Chairperson Lewis read into the record the items on Consideration and Possible Action — VARZ 23-16: Special Exception to Construct a Single -Family Dwelling on a Property with Existing Non - Conformities. Member Iocco made the motion to approve the special exception request, Member Tristan seconded the motion. Motion passed 5-0. Chairperson Lewis read into the record the items on Consideration and Possible Action — VARZ 23-17: Front Setback Variance for an Accessory Structure in Old Town -Mixed Use (OT-MU) District. CONSIDERATION AND POSSIBLE ACTION - VARZ 23-17: FRONT SETBACK VARIANCE FOR AN ACCESSORY STRUCTURE IN OLD TOWN -MIXED USE (OT-MU) DISTRICT Public Hearing: A request by Johnna Epperson, applicant, on behalf of Emily Epperson, owner, for approval of a variance, as permitted by the Unified Development Code, Ordinance No. 2000- T, to allow for a deviation from the minimum front setback for an accessory building in the Old Town -Mixed Use (OT-MU) District (Section 2.4.3.4(3)(d)), to wit: Legal Description: Lot 1, Block 1, Development Plat of Old Town Epperson Estate, a subdivision of 0.287 acres of land in City of Pearland, Texas, according to the map or plat recorded in County Clerk's File No. 2023026291 in the Plat records of Brazoria County, Texas. General Location: 2209 North Houston Avenue, Pearland, TX. Planner I Bauer presented the staff report with exhibits. Planner I Bauer discussed the requirement for the variance due to the accessory structure being in front of the principal building setback line. Planner I Bauer stated there are two existing oak trees on the property and development without the variance could impact the critical root zone of the trees. Planner I Bauer stated that the variance meets 6 of the 8 criterions of the UDC for approval. Planner I Bauer stated that staff supports preservation of existing trees and recommends approval of the variance. Applicant, Johnna Epperson at 1513 Falling Leaf Drive, Friendswood, Texas 77546, was in attendance in -person in Council Chambers to answer any questions for the ZBA Board. Chairperson Lewis called for public input. There were no persons wishing to speak for or against the proposed request. Secretary Shrum asked staff if the city has the right to maintain heritage trees. Deputy Director Griggs stated that both the 60- and 40-inch trees are on private property and the city will not touch the portions of the tree that are within the bounds of the property. Deputy Director Griggs stated the city will encroach within the right of way to meet certain height clearances, so vehicles are not impacted. No further discussion from Staff, ZBA Board or Public input. Chairperson Lewis read into the record the items on Consideration and Possible Action — VARZ 23-17: Front Setback Variance for an Accessory Structure in Old Town -Mixed Use (OT-MU) District. Member Tristan made the motion to approve the variance request, Vice Chairperson Acosta seconded the motion. Motion passed 5-0. Chairperson Lewis read into the record the items on Consideration and Possible Action — VARZ 23-13: Special Exception and Variance for a Nonresidential Use in the Old Town -Mixed Use (OT- MU) District. CONSIDERATION AND POSSIBLE ACTION - VARZ 23-13: SPECIAL EXCEPTION AND VARIANCE FOR A NONRESIDENTIAL USE IN THE OLD TOWN -MIXED USE (OT-MU) DISTRICT Public Hearing: A request by Lawrence and Tessie Gurley, applicant, and owner, for approval of a special exception and a variance, as permitted by the Unified Development Code, Ordinance No. 2000-T, to allow: a. Special exception for development to occur on a property with existing nonconformities (Section 2.7.3.7(a));b. Variance to reduce the landscape buffer for a nonresidential use that has a side or rear contiguous to any residential use or residential zoning district (Section 4.2.4.1(a));c. Variance to reduce the landscape buffer for off street parking that is provided within the front yard (Section 2.4.3.4(3)(h)(1)), to wit: Legal Description: Being the north ten feet of Lot 46, and all of Lots 47 & 48, in Block 8, of Town of Pearland, a subdivision in Brazoria County, Texas, according to the map or plat recorded in Volume 29, Page 41, of the Deed records of Brazoria County, Texas. General Location: 3602 East Plum Street, Pearland, TX. Deputy Director Griggs presented the staff report with exhibits. Deputy Director Griggs stated only request A and B will be considered by the ZBA Board, request C has been removed. Staff received 1 written comment and 1 phone call against this application. The property has existing nonconformities, and the use will be changing from residential to commercial. Deputy Director Griggs stated that request A conforms to all criteria of the UDC for approval. Staff recommends approval of request A. Deputy Director Griggs stated that request B meets 5 out of the 8 criterions of the UDC for approval. Staff recommends approval of request B with the following condition: 1. Within the landscape buffer along the south property line for the length of the parking area a vegetative screen dense enough to be completely opaque year-round shall be provided, which is at least four feet (4') tall at planting and at least eight feet (8') tall within twelve (12) months. Applicant, Tessie Gurley at 4417 Champions Court, League City, Texas 77573, was in attendance in -person in Council Chambers to answer any questions for the ZBA Board. Chairperson Lewis called for public input. Resident, Bruce Honore at 3219 Old Alvin Road, Pearland, Texas 77581. Mr. Honore owns the property with 5 townhomes directly behind Ms. Gurley's property. Mr. Honore stated that he wants the buffer to stay and is concerned about his tenants, traffic, and nearby commercial properties that do not want to install landscape buffers. Mr. Honore stated to the ZBA Board that he was not in favor of the application. Chairperson Lewis called for meeting recess at 7:01 pm. Chairperson Lewis resumed the meeting at 7:15 pm. Resident, Jason Miller at 2207 North Park Avenue, Pearland, Texas 77581. Mr. Miller stated he is against the back parking area due to the school traffic congestion and encroachment on the gravel road. Resident, Britni Miller at 2207 North Park Avenue, Pearland, Texas 77581. Ms. Miller stated she is against parking at the back of the property due to the school traffic on Plum Street. Secretary Shrum and Deputy Director Griggs discussed how the item will be voted on and the need for the special exception. Deputy City Attorney Provins further explained that zoning regulations allow commercial use by right and the change of use triggered the need for a special exception and a variance for the property. Vice Chairperson Acosta asked staff about the screen fence. Deputy Director Griggs stated the screen fence was due to the current configuration of the property and staff is looking to amend that regulation in the UDC. Ms. Gurley stated the property has been there since the 1940s and the sidewalk from the back door to the neighboring back door, may have been relative's due to proximity. No further discussion from Staff, ZBA Board or Public input on request A. Chairperson Lewis read into the record the items on Consideration and Possible Action — VARZ 23-13: Special Exception for a Nonresidential Use in the Old Town -Mixed Use (OT-MU) District. Member Tristan made the motion to approve Request A, Member locco seconded the motion. Request A passed 5-0. Deputy Director Griggs stated the variance reduces the landscape buffer from 30 feet to 3 feet and staff recommends the condition of the screen. Chairperson Lewis discussed his concern for the residents and how it would impact them. Deputy Director Griggs stated the concerns he heard from residents were traffic, the public alley way, and parking. Deputy Director Griggs and Chairperson Lewis discussed parking regulations in OT-MU. Deputy City Attorney Provins stated that if the ZBA Board does not allow this variance request street parking may affect the residents and worsen traffic. Member Iocco stated that no one would want to drive on this street during school pick-up and drop-off hours. Chairperson Lewis asked staff if there was an alternative application. Deputy Director Griggs stated each case is special and unique and staff would like to maintain a 30-inch tree base on the property. Member Shrum, Chairperson Lewis, and Deputy Director Griggs discussed if tandem parking spaces were allowed. Deputy Director Griggs verified the tandem parking location on the property. Ms. Gurly stated when she purchased the property that the driveway was eliminated on Plum Street to help with walking school traffic. Member Shrum asked Ms. Gurley if there was enough space for a tandem parking space. Ms. Gurley replied that there is more space than it appears. No further discussion from Staff, ZBA Board or Public input on request B. Chairperson Lewis read into the record the items on Consideration and Possible Action — VARZ 23-13: Variance for a Nonresidential Use in the Old Town -Mixed Use (OT-MU) District. Member Tristan made the motion to approve Request B with the staff's recommended condition, Vice Chairperson Acosta seconded the motion. Request B failed 2-3. Chairperson Lewis, Member Shrum, and Member Iocco denied the variance. Chairperson Lewis read into the record the items on Consideration and Possible Action — VARZ 23-14: Special Exception to Construct a Building Expansion on a Property with Existing Non - Conformities. CONSIDERATION AND POSSIBLE ACTION - VARZ 23-14: SPECIAL EXCEPTION TO CONSTRUCT A BUILDING EXPANSION ON A PROPERTY WITH EXISTING NON - CONFORMITIES Public Hearing: A request by Don Cramer, applicant, on behalf of Walter Konrad owner, for approval of a special exception, as permitted by the Unified Development Code, Ordinance No. 2000-T, to allow for development to occur on a property with an existing nonconformity, to wit: Legal Description: A 12.4984-acre tract of land being out of 29.585 acres of land, being all of Lot 7 of the H. Masterson Subdivision of Section 5, of the H.T. & B.R.R. Company Survey, Abstract 237, Brazoria County, Texas, recorded in Volume 28, Page 6, of the Deed records of Brazoria County, Texas. General Location: 5331 West Orange Street, Pearland, TX. Planner I Bauer presented the staff report with exhibits. Planner I Bauer stated that the property is going through the plating process and the special exception conforms to all criteria of the UDC for approval. Staff recommends approval for the special exception. Applicant, Don Cramer at 30310 West Legends Trail Drive, Spring, Texas 77386, was in attendance in -person in Council Chambers to present to the ZBA Board. Mr. Cramer stated he became the in-house project/construction manager upon the request of Walter and Evie Konrad. Mr. Cramer stated that when Mr. Konrad purchased the property there was a wooden frame farmhouse on the property and they didn't want to demolish the home. He said the farmhouse was moved to the northeast corner of the property so detention and landscaping could be provided for the manufacturing facility. Mr. Cramer reviewed the approved permits granted to complete the renovations on the farmhouse and the Certificate of Occupancy (CO) was issued in February 2005. He stated that for the past 20 years the farmhouse has been used as a legal non -conforming residence with City of Pearland services being provided. Mr. Cramer stated that the new commercial permit application is for the expansion of the existing manufacturing facility and does not include any work on the home. He stated that the $1.8 million dollar investment to expand the business will not impact traffic. Mr. Cramer asked the Zoning Board of Adjustments to grant Mr. Konrad the special exception and allow him to keep the illegal non -conforming structure to be used as a residential dwelling. Chairperson Lewis called for public input. There were no persons wishing to speak for or against the proposed request. No further discussion from Staff, ZBA Board or Public input. Chairperson Lewis read into the record the items on Consideration and Possible Action — VARZ 23-14: Special Exception to Construct a Building Expansion on a Property with Existing Non - Conformities. Member locco made the motion to approve the special exception, Vice Chairperson Acosta seconded the motion. Motion passed 5-0. Chairperson Lewis read into the record the items on Consideration and Possible Action — VARZ 23-15: Special Exception and Variance for a Nonresidential Use in the Old Town -Mixed Use (OT- MU) District. CONSIDERATION AND POSSIBLE ACTION - VARZ 23-15: SPECIAL EXCEPTION AND VARIANCE FOR A NONRESIDENTIAL USE IN THE OLD TOWN -MIXED USE (OT-MU) DISTRICT Public Hearing: A request by Jason Deyo, applicant, and owner, for approval of a special exception and a variance, as permitted by the Unified Development Code, Ordinance No. 2000- T, to allow: a. Special exception for development to occur on a property with existing nonconformities (Section 2.7.3.7(a)); b. Variance to reduce the landscape buffer for a nonresidential use that has a side or rear contiguous to any residential use or residential zoning district (Section 4.2.4.1(a)), to wit: Legal Description: Being Lots 42, 43 and 44, in Block 8, Pearland, Brazoria County, Texas, a subdivision in the R.B. Lyle Survey, which is recorded in Volume 29, Page 41-42, of the Deed records, according to the map or plat thereof appearing in the office of the County Clerk of Brazoria County, Texas. General Location: 2210 North Galveston Avenue, Pearland, TX. Deputy Director Griggs presented the staff report with exhibits. Deputy Director Griggs stated there are two requests A and B and there was one written comment against the request. Deputy Director Griggs stated Request A for the special exception creates non -conformities on the property because of the change of use. He stated that the special exception conforms to all criteria four of the UDC for approval. Staff recommends approval. Deputy Director Griggs stated that Request B is a landscape buffer variance that will reduce the buffer to 5 inches because of existing concrete on the site. Deputy Director Griggs stated the variance meets 3 out of the 8 criterions of the UDC for approval and staff recommends approval with the following two recommended conditions: 1. A 3-foot-wide planting area shall be provided along the north and south property line for the proposed landscaping to the planted within. 2. Within the landscape buffer along the north and south property line for the length of the parking area a vegetative screen dense enough to be completely opaque year-round shall be provided, which is at least four feet (4') tall at planting and at least eight feet (8') tall within twelve (12) months. Applicant, Jason Deyo at 2214 Hillhouse Road, Pearland, Texas 77584, was in attendance in - person in Council Chambers to present to the ZBA Board. Mr. Deyo described his use of the property and that he purchased the property over 2 years ago. He stated that the driveway was poured too close to the property line for the proper vegetation buffer. Mr. Deyo stated that the property is used 10 percent of the time and that he agrees with the use of planters as the landscape buffer. He stated that he is trying to get the property into compliance. Chairperson Lewis called for public input. There were no persons wishing to speak for or against the proposed request. Member Shrum asked staff if there was anything required from the application for the variance. Deputy Director Griggs stated that the special exception is needed due to the change of use that triggers a landscape buffer requirement. Member Shrum confirmed with staff that there was no new construction requested due to the variance. Deputy City Attorney Provins confirmed that with request A or B there is no additional request being presented for construction and this request is retroactive. No further discussion from Staff, ZBA Board or Public input on Request A. Chairperson Lewis read into the record the items on Consideration and Possible Action — VARZ 23-15 a: Special Exception for a Nonresidential Use in the Old Town -Mixed Use (OT-MU) District. Vice Chairperson Acosta made the motion to approve Request A as presented and Member locco seconded the motion. Request A passed 5-0. Deputy City Attorney Provins stated that Request B is a request that was retrograde because staff didn't know it was being used as a commercial development. Deputy City Attorney Provins explained the driveway was always there and that a portion of the pavement was poured without a proper permit review. Member Shrum asked staff if this request conflicts with the neighboring property. Deputy City Attorney Provins replied that it would conflict anyway but would be existing. No further discussion from Staff, ZBA Board or Public input on Request B. Chairperson Lewis read into the record the items on Consideration and Possible Action — VARZ 23-15 b: Variance for a Nonresidential Use in the Old Town -Mixed Use (OT-MU) District. Vice Chairperson Acosta made the motion to approve Request B variance with the conditions presented by staff and Member Tristan seconded the motion. Request B passed 5-0. Chairperson Lewis read into the record the items on Consideration and Possible Action — VARZ 23-18: Special Exception to Plat and Construct a Fence on a Property with Existing Non - Conformities. CONSIDERATION AND POSSIBLE ACTION - VARZ 23-18: SPECIAL EXCEPTION TO PLAT AND CONSTRUCT A FENCE ON A PROPERTY WITH EXISTING NON -CONFORMITIES Public Hearing: A request by Todd Slaton, applicant, on behalf of Pearland Church of Christ, owner, for approval of a special exception, as permitted by the Unified Development Code, Ordinance No. 2000-T, to allow for improvements to occur on a property with an existing nonconformity (Section 2.7.3.7(a)), to wit: Legal Description: Being Lots 5-18, in Block 7, of Town of Pearland, a subdivision in Brazoria County, Texas, according to the map or plat recorded in Volume 29, Page 41, of the Deed records of Brazoria County, Texas. General Location: 2217 North Grand Boulevard, Pearland, TX. Planner I Bauer presented the staff report with exhibits. Planner I Bauer stated that the special exception conforms to all criteria of the UDC for approval. Staff recommends approval for the special exception. Landowner Representative, Justin Gonzales at 2906 Waterloo Road, Pearland, Texas 77581, was in attendance in -person in Council Chambers to present to the ZBA Board. Mr. Gonzales stated he was the minister of Pearland Church of Christ and wants to put a fence on the backside to beautify the property. He stated the fence is to provide safety for children and is looking forward to finish beautifying the property. Applicant, Todd Slaton at 5524 Cunningham Drive, Pearland, Texas 77581, was in attendance in -person in Council Chambers to present to the ZBA Board. Mr. Slaton stated that he was in support of the fence for the church. Chairperson Lewis called for public input. There were no persons wishing to speak for or against the proposed request. Member Shrum asked staff about the alleyway and Deputy Director Griggs responded that a portion of the alleyway was an abandoned for roadway frontage and now is the rear property line. Deputy City Attorney Provins stated that it was no longer considered an alleyway because it was abandoned and now it's the property line. No further discussion from Staff, ZBA Board or Public input. Chairperson Lewis read into the record the items on Consideration and Possible Action — VARZ 23-18: Special Exception to Plat and Construct a Fence on a Property with Existing Non - Conformities. Member Tristan made the motion to approve the special exception and Member Iocco seconded the motion. Motion passed 5-0. ADJOURNMENT Chairperson Lewis adjourned the Zoning Board of Adjustment Meeting at 8:27 PM. These minutes respectfully submitted by: i4U,LLY Rit,( Jennifer Danley, Executive Assistant Minutes approved as submitted opthis lday of February 2024. Mark Lewis, Chairperson